logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.03.19 2019노7393
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the following circumstances are favorable to the Defendant: (a) the Defendant was aware of each of the instant crimes; and (b) the Defendant’s health condition appears to be inadequate.

However, the Defendant had been punished about 20 times due to the crime of larceny and attempted larceny, and the Defendant again went to the instant crime on June 5, 2019 because of the completion of the execution of the sentence in the Ansan Prison on the same day. In light of the period and frequency of the relevant crime, the nature of the crime is very poor in light of the crime, the damage has not been recovered properly, and there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the time of the trial, and other circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions for the punishment specified in the instant records and arguments, are considered as inappropriate.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow